1976 024 Ordinance - Laserfiche WebLink

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- 3- 2.6 SEVERABILITY If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. SECTION 3.0 LAND SUITABILITY No land shall be subdivided which is held unsuitable £or its intended use by the Board of Appeals, for reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, susceptibility to mudslides or earthslides, severe erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any other feature harmful to the healEh, safety or welfare of the future residents of the proposed subdivision community. However, the Board of Appeals may approve the preliminary and final plats if the subdivider improves the land consistent with the standards of this and other applica- ble ordinances to make the area, in the opinion at the Board of Appeals, suitable for its intended use. She Board of Appeals may also approve the preliminary and final plats if the subdivider agrees to make suitable improvements and places a sum in escrow pursuant to Section 4.1 of this Ordinance to guarantee per£ormance. In determining the appropriateness of land subdivision at the site, the Board of Appeals shall consider the objections of this Ordinance, and (1) The danger to life and property due to the increased flood heights or velocities caused by subdivision fill, roads, and intended uses. (2) The danger that intended uses may be swept on to other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability o£ these systems to prevent disease, contamination and unsanitary con- ditions under flood conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the e£fect of such damage on the individual owner. (5) The importance o£ the services provided by the proposed facility to the community. (6) The requirements oP the subdivision for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed subdivision and land uses. (8) The compatibility o£ the proposed uses with existing development and development anticipated in ttae forseeable future. (9) The relationship of the proposed subdivision to the comprehensive plan and flood plain management program for the area. (10) The safety of access to the propesty in times o£ flood fox emergency vehicles. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.